To obtain a conviction for DUI instead of DWI,the prosecution must establish that the accused's blood alcohol concentration was at least 0.15.

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To obtain a conviction for DUI or DWI, the prosecution must establish that the accused's blood alcohol concentration was above the legal limit, which is usually 0.08 in most states. A BAC of 0.15 or higher may result in enhanced penalties, but it is not necessary to prove DUI instead of DWI. The terms DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably and have different meanings depending on the state's law.

To Obtain a Conviction for DUI Instead of DWI,the Prosecution